Assisted Living Regulations for Resident Evacuation

State-by-State Overview of Assisted Living Evacuation Regulations

Florida

• Key Regulations: Comprehensive Emergency Management Plans (CEMP), backup power for air conditioning, transportation contracts for evacuation.
• Regulatory Body: Florida Agency for Health Care Administration (AHCA)

California

• Key Regulations: Written disaster and evacuation plans, regular staff training, medication and supply provisions.
• Regulatory Body: California Department of Social Services (CDSS)

Texas

• Key Regulations: All-hazards approach to emergency planning, staffing protocols, and transportation partnerships for evacuations.
• Regulatory Body: Texas Health and Human Services (HHS)

New York

• Key Regulations: Semi-annual evacuation drills, coordination with emergency services, and resident tracking during evacuation.
• Regulatory Body: New York State Department of Health

North Carolina

• Key Regulations: Assisted living facilities in North Carolina are required to have a disaster and evacuation plan that is updated annually. These plans must account for:
  • Resident-specific needs: Including mobility, medical equipment, and medication.
  • Coordination with local emergency services: Facilities must work with local authorities to ensure adequate support in case of evacuation.
  • Evacuation Drills: Regular drills are required to ensure both staff and residents are familiar with evacuation protocols.
  • Flood Planning: Despite North Carolina’s historically low risk for flooding in some areas, recent events have emphasized the importance of preparing for rare, catastrophic floods, which many facilities were unprepared for during recent hurricanes.
  • Regulatory Body: North Carolina Division of Health Service Regulation (DHSR)

Why a Comprehensive Evacuation Plan is Essential

Regardless of where a facility is located, every senior living community must have a detailed evacuation plan. Effective planning includes:

• Detailed resident assessments: Identifying who may need extra assistance during an evacuation.
• Transportation logistics: Arranging reliable transport, whether through buses, ambulances, or partnerships with local services.
• Continuity of care: Ensuring medications, oxygen, and other medical needs are addressed during the evacuation.
• Communication protocols: Keeping families informed throughout the evacuation and coordination with local emergency responders.

As demonstrated in North Carolina during Hurricane Helene, even regions with historically low disaster risk must be prepared for the unexpected. In the aftermath of the storm, many facilities had to rely on charitable organizations for assistance, underscoring the legal risks and financial consequences of being unprepared. Without a comprehensive plan, facilities expose themselves to lawsuits from families if residents are harmed during the evacuation.

Evacuation Provisions in Insurance Policies

In addition to an evacuation plan, it’s crucial that senior living facilities have evacuation provisions included in their General Liability (GL) or Professional Liability (PL) insurance policies. This coverage helps offset the costs of:

• Transportation: Including buses, ambulances, and air transport.
• Temporary housing: Covering the cost of relocating residents to hotels or other safe locations.
• Medical support: Ensuring that residents with medical needs receive appropriate care during evacuation.

Conclusion

While state regulations differ, the importance of evacuation preparedness cannot be overstated. Assisted living facilities should regularly update their evacuation plans and ensure their insurance policies provide adequate coverage for evacuation-related expenses. As natural disasters become more frequent and severe, preparing for the unexpected is key to protecting residents and ensuring the facility’s long-term success.

For more information on state-specific evacuation regulations and best practices, visit:

North Carolina Division of Health Service Regulation (DHSR)
Florida Health Care Association
California Department of Social Services
Texas Health and Human Services
New York State Department of Health

Evacuation Expense Endorsements in General Liability Insurance

Evacuation Expense Endorsements are an addition to General Liability policies for assisted living facilities. They provides coverage for the costs associated with relocating residents in the event of a natural disaster or emergency, ensuring that facilities can cover critical evacuation expenses, including transportation, temporary housing, and medical care, without facing financial strain. Learn more about this:

General Liability Insurance

Article: Why Senior Living Facilities must Prepare for the Unthinkable